Court No. - 48
Case :- APPLICATION U/S 482 No. - 18076 of 2018 Applicant :- Ram Singar Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dinesh Kumar Yadav,Atmaram Nadiwal Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 1.5.2008 passed by the Addl. Sessions Judge, Court No.2, Mau in S.T. No. 264 of 2004, State versus Veer Bahadur, arising out of Case Crime No. 459 of 2004, under Sections 304, 504, 506 IPC and Section 3(ii) V of SC/ST Act, P.S. Madhuban, District Mau.
Heard learned counsel for the applicants, learned AGA and perused the record.
The impugned order does not reflect any elements of perversity or abuse of the court's process. The prosecution witnesses have already been examined. There does not appear to be any bonafide need of recalling them for further cross-examination. Detailed cross-examinations have already been done and there does not appear to be anything faulty in the impugned order by way of which the prayer to recall witnesses has been refused. It has become common practice now that witnesses are recalled to make them turn hostile after wining them over. In the facts and circumstances of the case, this Court does not see any good ground to justify the recall of the witnesses who have already been cross-examined at length on behalf of the accused.
The application lacks merit and is dismissed.
Order Date :- 30.5.2018 CPP/-